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Re:U.S. Drops California Case Against Apple After Accessing ... by snowwrestler on Monday March 28, 2016 @06:59PM (#11378147)
I'm seeing a lot of comments to the effect that the government will just try again at some point.

Well, welcome to life in a democracy. Nothing is ever settled with finality because there are plenty of ways for future generations to change the laws we cherish today--for good or ill.

We could revoke the 13th and 14th Amendments and have slavery again--there is no legal impediment to that. That we don't do that is a reflection of our cultural values--today--which we continually discuss and reinforce.

We could abolish the EPA, or the IRS, or the NSA. We don't because these have enough supporters who value what they do, today. The 2nd Amendment remains strong today because millions of Americans work every day to keep it that way.

So, the long-term solution for strong encryption must be a cultural one. We have to be prepared to fight the crypto wars forever, like unions are still fighting the labor wars a century later. Like civil rights activists are fighting racism even today--and will be for the foreseeable future.

Is that depressing? Not to me; I find it inspiring, much better than a world in which government decisions are truly final. Beware that level of power IMO.

Re:U.S. Drops California Case Against Apple After Accessing ... by panarky on Monday March 28, 2016 @07:13PM (#11378223)
> Well, welcome to life in a democracy.

The problem is not that things change in a democracy. The problem is that the change we get does not represent the will of the people.

A majority of Americans is dissatisfied with the Patriot Act [1] yet it keeps getting renewed.

A majority of Americans thinks political spending is corrupt [2] and that the political system is rigged, yet we get Citizens United to pour even more corporate cash into the machine.

A majority of Americans voted for the Democrat in 2000, but the Republican was installed instead [3].

People overwhelmingly disapprove using public funds to bail out reckless bankers [4], but somehow it happens anyway.

There was a global uproar over SOPA and PIPA which shut down this draconian legislation. But you can't kill the zombie, and it keeps coming back, now in secret trade agreements like TPP and TTIP that citizens aren't even allowed to read.

The Total Information Awareness program was suspended in 2003 [5] after a public outcry over warrantless mass surveillance. Naturally it was all reincarnated into secret NSA programs.

We'll see the same thing with devices and personal encryption. This is only a temporary setback for the powers that be, they'll be back with another sensational, emotional case soon enough.

The current system does not represent the will of the people. It's an oligarchy supported by a security apparatus run amok.

[1] http://www.gallup.com/poll/5263/civil-liberties.aspx

[2] http://www.bloomberg.com/politics/articles/2015-09-28/bloomb...

[3] https://en.wikipedia.org/wiki/United_States_presidential_ele...

[4] http://www.gallup.com/poll/106114/six-oppose-wall-street-bai...

[5] https://en.wikipedia.org/wiki/Total_Information_Awareness

Re:U.S. Drops California Case Against Apple After Accessing ... by noelsusman on Monday March 28, 2016 @09:01PM (#11378799)
The American government is not supposed to be a direct representation of the will of the people, but let's go through this anyway.

On the PATRIOT Act, the link you provided shows that 63% of Americans either want to keep the entire thing or make minor changes.

Citizens United came from the Supreme Court, an institution that is explicitly designed to be shielded from the will of the people as much as possible.

The 2000 election was a clusterfuck, but it has happened exactly once since 1888. Besides, if a few hundred votes go the other way in Florida then we wouldn't even be talking about it.

On bankers, 60% isn't overwhelming, and the government decided to go against the will of the people because they thought it was the best course of action. Most experts agree that it was the lesser of two evils.

You can go read the TPP for yourself. It's been out for three months. [1]

Americans are divided in their opinions on NSA surveillance. [2]

None of this matters though because the will of the people is not supposed to be the final say in government action. There founding fathers did not believe in direct democracy.

[1] https://ustr.gov/trade-agreements/free-trade-agreements/tran...

[2] http://www.people-press.org/2013/06/10/majority-views-nsa-ph...

Re:U.S. Drops California Case Against Apple After Accessing ... by EdHominem on Monday March 28, 2016 @11:05PM (#11379220)
> 63% of Americans [...]

100% of Americans have been specifically lied to by the government about those issues.

The best thing about Snowden's leaks is how the release has continually shown the government to be lying, and lying in response to the last batch of lies.

As such, opinions based on those lies aren't really valid.

If they got to a voting booth and saw a General Alexander's taped confession for treason they'd (probably) rethink those opinions.

> Americans are divided in their opinions on NSA surveillance.

Again, only because the NSA has spent our tax dollars on specifically telling us things that they know to be untrue. These people don't support the NSA, they just don't want to die in terrorism and don't know enough to know how unlikely that is, or how useless the NSA is in that regard.

> You can go read the TPP for yourself.

Oh great, now that it's too late and it's technically impossible for it to change.

Re:U.S. Drops California Case Against Apple After Accessing ... by mchahn on Monday March 28, 2016 @09:20PM (#11378890)
> Citizens United came from the Supreme Court, an institution that is explicitly designed to be shielded from the will of the people as much as possible.

The people have nothing to do with that decision. It is just plain unconstitutional. The framers of the constitution never meant for personal rights to be applied to corporations.

Re:U.S. Drops California Case Against Apple After Accessing ... by bmelton on Monday March 28, 2016 @11:00PM (#11379196)
The framers of the constitution never meant for government to have so much power that lobbying it would be able to buy much influence. Beyond that, considering that the vote was restricted to landed elites and mercantile class, there's more credence to the idea that the framers never meant for the government to stifle the speech of anyone (whether corporations or not) than there is to suggest they had any idea on corporate personhood.

Regardless, corporate personhood has existed since colonial times, and the framers didn't do anything to stop it. Meanwhile, the McCain-Feingold act that Citizens United overturned had only been on the books for 8 years before much of it was overturned.

Re:U.S. Drops California Case Against Apple After Accessing ... by clouddrover on Tuesday March 29, 2016 @06:31AM (#11380558)
> never meant for government to have so much power that lobbying it would be able to buy much influence

I don't think lobbying is a problem because the government has too much power, but rather because of the electoral system.

When voting is voluntary elections are won by the party that is best able to get out the vote. In order to get out the vote huge sums of money must be spent on political advertising and organization. When political parties are desperate for money it requires them to devote a lot of their time to fundraising and it makes them vulnerable to special interest groups with deep pockets (aka lobbyists). Voluntary voting means more opportunity for money to buy influence.

Compulsory voting, in contrast, means that almost all eligible voters will vote. Political parties can spend less money on advertising, less time fundraising, and more time developing policy and doing the job. Because the electors have to vote they're more likely to take an interest in the election, more likely to listen to the ideas being presented and vote accordingly. The only downside of compulsory voting is that there are more votes to count, but that cost is worth paying.

Compulsory voting is a practical step towards getting the money out of politics and improving the quality of a democracy.

Re:U.S. Drops California Case Against Apple After Accessing ... by kogus on Tuesday March 29, 2016 @12:57PM (#11382867)
I disagree. I think government authority is the sole foundation upon which all lobbying is built.

If the government has no authority over something, there is no value in lobbying the government for help with that something.

Example: The government has subsidizes and regulates farming. Therefore there is a powerful incentive for agricultural interests to buy special treatment. Add ethanol considerations, and you have oil interests at work too.

Re:U.S. Drops California Case Against Apple After Accessing ... by jessaustin on Tuesday March 29, 2016 @08:22AM (#11380906)
I don't see why political ads would decrease just because everybody had to vote.
Re:U.S. Drops California Case Against Apple After Accessing ... by musiciangames on Tuesday March 29, 2016 @02:08PM (#11383511)
> The only downside of compulsory voting is that there are more votes to count

Australia has compulsory voting. It also has the donkey vote, estimated at 2% of votes. That is a downside.

http://australianpolitics.com/voting/electoral-system/donkey...

Re:U.S. Drops California Case Against Apple After Accessing ... by clouddrover on Tuesday March 29, 2016 @06:34PM (#11385505)
Before they introduced compulsory voting in Australia voter turn out had fallen below 60%. So with compulsory voting the "true vote" if you like is total votes minus informal votes minus donkey votes. Voter turn out for Australian elections these days is greater than 94%. If 5% of those votes are informal or donkey votes then that's still 89% of voters completing "true votes". A 30% non-vote has a far greater influence over an election than a 2% donkey vote.

The Australian Electoral Commission has a page about it: http://www.aec.gov.au/About_AEC/Publications/voting/index.ht...

Re:U.S. Drops California Case Against Apple After Accessing ... by LordKano on Tuesday March 29, 2016 @12:10AM (#11379437)
The framers never intended for individuals to give up their rights just because they form corporations.

I have the right to freedom of speech. You have the right to freedom of speech(assuming that you're an American citizen).

If you and I form a partnership with the express purpose of working together to combine our voices and speak together, we retain that right to freedom of speech.

That was what Citizens United held.

Beyond that, you're just plain wrong. Corporations are legal persons. Only persons can be parties to legal actions. If your neighbor's dog escapes and bites you, can you sue the dog? Of course not. You sue the neighbor, the person responsible. If your neighbor kills your dog, can your dog's puppies sue your neighbor? Of course not. Again, non-persons cannot be party to legal actions. A corporation can own property, pay taxes, sue, be sued and as a legal person, corporations have rights. They don't have all of the same rights as people, that's why I find it so frustrating when people conflate "people" with "persons". Legally, they are different concepts.

Re:U.S. Drops California Case Against Apple After Accessing ... by kefka on Tuesday March 29, 2016 @10:12AM (#11381587)
> Corporations are legal persons. Only persons can be parties to legal actions.

True, only due to bad precedent. "Should they be?" is a question we the people should have had a chance to argue and debate. Instead, it was by a judicial fiat that made a new type of citizenry. And honestly, they are pretty fucked up, with requiring their primary focus to be "Make money at all costs". A human with a similar 'ethics' would be called a sociopath.

Better yet, I'll believe corporations are legal people when Texas executes one.

Secondly, Patently false. https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United...

United States v. 12 200-ft. Reels of Film

United States v. $124,700 in U.S. Currency

United States v. Approximately 64,695 Pounds of Shark Fins

United States v. Article Consisting of 50,000 Cardboard Boxes More or Less, Each Containing One Pair of Clacker Balls

United States v. Forty Barrels & Twenty Kegs of Coca-Cola

You want more?

Re:U.S. Drops California Case Against Apple After Accessing ... by imron on Tuesday March 29, 2016 @10:11AM (#11381581)
> A corporation can own property, pay taxes, sue, be sued and as a legal person

But it can't go to jail, and fines that are levied for wrongful behavior are often less than the profits obtained from said behavior and come about through settlements with no admission of wrongdoing, and without any executives being held responsible.

Re:U.S. Drops California Case Against Apple After Accessing ... by mtbcoder on Tuesday March 29, 2016 @07:30AM (#11380713)
> The framers never intended for individuals to give up their rights just because they form corporations.

A person never lost their individual right to freedom of speech if they formed or became a member of a corporation.

Re:U.S. Drops California Case Against Apple After Accessing ... by LordKano on Tuesday March 29, 2016 @10:49AM (#11381860)
A person never lost their individual right to freedom of speech if they formed or became a member of a corporation.

That was precisely the issue before the court in this case. Did the individuals who formed the corporation Citizens United retain their right to freedom of speech as it related to releasing a documentary about Hillary Clinton near an election, in violation of McCain-Feingold?

The court ruled that they did not lose their right to freedom of speech.

Re:U.S. Drops California Case Against Apple After Accessing ... by alanwatts on Tuesday March 29, 2016 @09:44AM (#11381369)
>I find it so frustrating when people conflate "people" with "persons"

They are virtually synonymous. People is a plural form of person. Most people don't speak legalese.

Re:U.S. Drops California Case Against Apple After Accessing ... by LordKano on Tuesday March 29, 2016 @11:13AM (#11382037)
People is a plural form of person.

Not in the context of the Constitution. "The people" makes reference to American Citizens. "Person" makes reference to legal persons.

Re:U.S. Drops California Case Against Apple After Accessing ... by alanwatts on Tuesday March 29, 2016 @03:26PM (#11384158)
The first and original definition of "person" is "a human being".

An alternate, legal definition is "a corporation."

Lets break down that definition and dive deeper into the abstraction.

A law is a piece of paper with words written on it that some people agree on.

A corporation is created by filing articles of incorporation. Again, this is a piece of paper with words written on it.

So, in reality using law to define a corporation as a person you have a piece of paper saying a piece of paper is a human being.

Re:U.S. Drops California Case Against Apple After Accessing ... by LordKano on Tuesday March 29, 2016 @04:21PM (#11384557)
Legal and common definitions are often at odds.

Legally, marijuana and cocaine are "narcotics" but pharmacologically they are not.

The law defines personhood for biological entities too.

One minute before birth, it's not a legal person. One second after birth, it is a legal person.

This is nothing new.

If you don't like the law, convince enough people that the law should be changed.

Re:U.S. Drops California Case Against Apple After Accessing ... by CWuestefeld on Tuesday March 29, 2016 @09:24AM (#11381239)
Let's make sure we know what we're talking about here. The CU decision was over a bunch of people who made a movie that was critical of a political candidate, and aired that movie not long before the election.

Is it your contention that we really should prevent this kind of thing from happening? Because to me, it seems like the very cornerstone of the democratic system. The minute such activity is illegal, the people have lost and we've become an oligarchy, unable to provide information to our fellow citizens necessary to cast informed votes.

Re:U.S. Drops California Case Against Apple After Accessing ... by makomk on Friday April 01, 2016 @07:07PM (#11409211)
The CU decision was over a bunch of people who made a movie that was critical of a political candidate, and paid a TV station to air that movie not long before the election. Congress had restricted spending on political advertising and it was this restriction that CU overturned. You're arguing that the cornerstone of democracy is the ability of the wealthiest to spend unlimited amounts on propaganda to convince citizens that they should vote for the candidates that benefit the wealthy the most.
Re:U.S. Drops California Case Against Apple After Accessing ... by CWuestefeld on Thursday April 07, 2016 @09:59AM (#11447280)
I'm arguing that the incumbents have a built-in, guaranteed communications channel. Any obstacle to speech by the people (whether they're rich or poor) leaves no response to those in power. In effect, then, the rules enforce an oligarchy.

In fact, your argument that the CU decision only benefits the wealthy is precisely the opposite of the reality. In fact, the wealthy don't need to cooperate in corporate bodies to finance public speech: folks like Donald Trump can get up on a pulpit with their own personal wealth. It's only us regular people who have the need to cooperate (i.e., to incorporate into a body to handle the demands of our effort).

Thus, CU is a benefit to the regular guy, without having much effect on the opportunities available to the rich who can go it alone.

Re:U.S. Drops California Case Against Apple After Accessing ... by peterwwillis on Tuesday March 29, 2016 @11:02AM (#11381957)
> The minute such activity is illegal, the people have lost and we've become an oligarchy, unable to provide information to our fellow citizens necessary to cast informed votes.

'The people' aren't the ones 'providing information', campaigns full of biased individuals trying to beat a competitor are. The system and its 'elections' has nothing to do with the people, it has to do with a few powerful wealthy entities struggling for power.

Yes, we should definitely prevent a very small minority of political Übermenschen with more money than God from being able to control the system for their own aims.

Re:U.S. Drops California Case Against Apple After Accessing ... by URSpider94 on Tuesday March 29, 2016 @06:48PM (#11385602)
Campaigns are actually explicitly prohibited from coordinating in any way with the so-called SuperPAC's that have unlimited fundraising ability.

As the parent said, how would you propose to limit political speech in a meaningful way without infringing on the free speech rights of the public at large?

Re:U.S. Drops California Case Against Apple After Accessing ... by dean on Tuesday March 29, 2016 @11:57AM (#11382383)
I admit I haven't read the CU decision, but whatever else it is, it has apparently opened the door to no-limit campaign financing. Which is bad for democracy.

There are already laws protecting freedom of expression, so I think it's disingenuous to suggest that CU is all about freedom of expression, and therefore good for democracy.

Re:U.S. Drops California Case Against Apple After Accessing ... by snowwrestler on Tuesday March 29, 2016 @03:04PM (#11383978)
If you're interested and opinionated, you should read the decision. It's mostly in plain English and the reasoning can be understood by someone who is not a lawyer. It's not long and can be found with Google, probably as a PDF from the Supreme Court site.

It doesn't really open the door to no-limit campaign financing. It says that the government can't put a limit on how much money a person or group of people (like the "Citizens United" nonprofit--hence the name) can spend to promote their OWN opinions.

There is a difference between 1) giving a political candidate $1 million, and 2) spending $1 million to shoot, print, and promote a documentary movie about a political candidate.

#1 is still illegal. And it's hard to imagine a way to limit #2 without giving someone the power to determine which movie (or website, or podcast) is "legal" and which is "illegal" speech about a candidate.

If we can't speak freely each other about candidates, how can we hope to have a valid political process at all?

Re:U.S. Drops California Case Against Apple After Accessing ... by jemfinch on Tuesday March 29, 2016 @11:02AM (#11381961)
Freedom of speech doesn't disappear as soon as people band together in an organization or corporation. The free speech of the corporation is simply the aggregate free speech of the shareholders in that corporation, and that's what Citizens United held.
Re:U.S. Drops California Case Against Apple After Accessing ... by adventured on Tuesday March 29, 2016 @05:22AM (#11380356)
The framers of the constitution never intended for the United States to become a massive welfare state, either. There's absolutely nothing in there covering programs like universal healthcare, social security, food stamps, et al. The framers very blatantly would not have supported such vast tax based subsidization of entitlements in which one citizen is forced to pay for another. They also would never have supported the total government cost in the US being equal to nearly 40% of the economy. Does that mean the US should end those programs and slash the government down to a fraction of its current size?
Re:U.S. Drops California Case Against Apple After Accessing ... by ckozlowski on Tuesday March 29, 2016 @09:46AM (#11381381)
The absence of these items from the Constitution does not imply their opinions on the matter. The Constitution sets out a system of government, not a definition of how the economy should be run.

As to what you assert their opinions would be, you'd have to look at their own writings and find something to the effect; noting what many of the constructs you described wern't even being considered during that time. But that evidence won't be in the Constitution.

The Constitution lays out who's responsible for what, and who can make what decisions. It is not a bible stating the mores of the nation.

Re:U.S. Drops California Case Against Apple After Accessing ... by pcvarmint on Tuesday March 29, 2016 @03:35PM (#11384240)
Yes.
Re:U.S. Drops California Case Against Apple After Accessing ... by phamilton on Monday March 28, 2016 @10:00PM (#11379016)
The people whose jobs are to determine that say otherwise.
Re:U.S. Drops California Case Against Apple After Accessing ... by jayess on Monday March 28, 2016 @10:38PM (#11379145)
Aren't outlets of the free press primarily corporations?
Re:U.S. Drops California Case Against Apple After Accessing ... by alanwatts on Tuesday March 29, 2016 @09:38AM (#11381325)
>There founding fathers did not believe in direct democracy.

Do you know why they didn't? Because it wasn't feasible to do so when information was traveling at the speed of the horse drawn carriage.

>In a large society, inhabiting an extensive country, it is impossible that the whole should assemble to make laws. The first necessary step, then, is to depute power from the many to a few of the most wise and good. But by what rules shall you choose your representatives? Agree upon the number and qualifications of persons who shall have the benefit of choosing, or annex this privilege to the inhabitants of a certain extent of ground.

-John Adams, Thoughts on Government

The limitation or assumption that "it is impossible that the whole should assemble" is no longer true.

Re:U.S. Drops California Case Against Apple After Accessing ... by zymhan on Tuesday March 29, 2016 @10:44AM (#11381793)
There's also a philosophical reason for the adoption of an indirect, representative democracy. One specific example is to protect against Tyranny of the Majority [1].

I'm dubious that a country where most issues are voted on directly by the people could function with any significant amount of participation, mostly because people are not experts in most fields, and don't necessarily understand e.g. the macroeconomic effects of letting the largest banks in the world all go bankrupt. We elect representatives because there is a lot of work to do governing a country thousands of miles wide with over 300 million people, and I want people who can devote their profession to improving government in charge. Ones that we get to vote for regularly, of course.

[1] https://en.wikipedia.org/wiki/Tyranny_of_the_majority

"Second. It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. "

- James Madison, Federalist #51 : http://www.constitution.org/fed/federa51.htm

Re:U.S. Drops California Case Against Apple After Accessing ... by alanwatts on Tuesday March 29, 2016 @02:49PM (#11383869)
The context of your Federalist Papers quote is in regards to separation of powers (legislative, executive, judicial) and not indirect vs. direct democracy.

Tyranny of the majority and mob rule are just pejorative synonyms for democracy. Which would you rather have, tyranny by the majority or tyranny by a minority (i.e. monarchy/oligarchy/dictatorship)? Personally I'd argue for something else altogether.

At one end of the debate was the likes of Thomas Jefferson and John Adams who argued for the "tyranny of the majority" (democracy) and at the other was the likes of Alexander Hamilton, who wanted Oligarchy:

>I believe the British government forms the best model the world ever produced, and such has been its progress in the minds of the many, that this truth gradually gains ground. This government has for its object public strength and individual security. It is said with us to be unattainable. All communities divide themselves into the few and the many. The first are the rich and well born, the other the mass of the people. The voice of the people has been said to be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the government. They will check the unsteadiness of the second, and as they cannot receive any advantage by a change, they therefore will ever maintain good government.

-Alexander Hamilton, Farrand's Records of the Federal Convention, v. 1, p. 299.1787-06-19

It would indeed be nice to delegate to the experts (i.e. scientists, engineers, psychologists etc.) on relevant issues, rather than having climate change deniers[1] on the Environmental Committee and people who have never sent an email[2] in their life on the Committee for Privacy and Technology.

[1]https://en.m.wikipedia.org/wiki/Lindsey_Graham

[2]https://en.m.wikipedia.org/wiki/Jim_Inhofe

Re:U.S. Drops California Case Against Apple After Accessing ... by darkerside on Tuesday March 29, 2016 @10:18AM (#11381613)
Doesn't mean that "first necessary step" is no longer necessary or even a good idea. It just means that original assumption no longer holds.
Re:U.S. Drops California Case Against Apple After Accessing ... by rayiner on Monday March 28, 2016 @07:53PM (#11378473)
Your examples are all pretty disingenuous.

> A majority of Americans is dissatisfied with the Patriot Act [1] yet it keeps getting renewed.

First, what polls say is not the same as what the electorate believes. Actual voters skew older and more conservative that the general public. Second, your poll doesn't show that Americans are dissatisfied with the Patriot Act. 63% of those polled think it requires no or only minor changes. 62% think it's about right or doesn't go far enough.

Those polls also have some very interesting statistics. 30% of those polled think that the government should take all steps necessary to prevent future terrorist attacks, even if that means violating basic civil liberties. 65% think otherwise, but 55% of those polled do not think the government's programs violate civil liberties. 55% of those polled in 2006 were okay with the Bush administration's wiretaps. 53% of those polled in 2006 thought that the Bush administration was about right or did not go far enough in restricting peoples' civil liberties to fight terrorism.

> A majority of Americans thinks political spending is corrupt [2] and that the political system is rigged, yet we get Citizens United to pour even more corporate cash into the machine.

In a 2010 poll, 68% of those polled thought the government should be able to prevent the sale of violent video games to minors: http://www.gallup.com/poll/1588/children-violence.aspx. Yet in 2011, the Supreme Court struck down a California law doing precisely that (Brown v. EMA). I think few people on HN would say that was wrongly decided. Given that the Supreme Court reviews laws that have been passed by elected legislatures, it is almost guaranteed that when it strikes down a law, it will be going against popular opinion.

> A majority of Americans voted for the Democrat in 2000, but the Republican was installed instead [3].

Frankly, I think we should not only abolish the electoral college, but the states as well. But in the meantime, who the "majority of Americans voted for" is not how we decide the election of the President.

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @08:40PM (#11378717)
> Frankly, I think we should not only abolish the electoral college, but the states as well.

I was with you until this part.

States gave us a path to gay marriage, and allow people to move to different areas that hold different values than the whole nation.

I'd suggest trying instant runoff voting before moving to something as drastic as abolishing states. I think IRV would allow people to express their votes and opinions more clearly than the system we have today.

Re:U.S. Drops California Case Against Apple After Accessing ... by mikelward on Monday March 28, 2016 @11:30PM (#11379304)
In Australia, which has IRV, it's not clear to me there's much difference. Candidates are still elected to single-member constituencies, and we still get a two-party system little different from the US.

Do you think IRV alone helps? What exactly do you propose?

Aside: in Australia, which has IRV, gay marriage is still not legal. Yay democracy. /s

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Tuesday March 29, 2016 @04:58AM (#11380294)
> In Australia, which has IRV, it's not clear to me there's much difference. Candidates are still elected to single-member constituencies, and we still get a two-party system little different from the US.

How long has Australia had IRV? I don't think it's a magic solution on its own. But I do think it allows voters to more clearly express their wishes without playing as many games wondering what the rest of the voter base will do. That's not democracy.

Anyway, IRV does not guarantee your favorite will win and it only gives different results in certain situations, such as close elections. Maybe Australia hasn't had the right circumstances come up yet. There are still a lot of barriers to becoming a presidential candidate, and many good people just don't want that job, like Biden. I'm sure that's true at other levels of government too. I know I would not like to be in a room arguing for gay marriage against some Christians. Or discussing budget for things I don't understand. Or any other number of boring things. And at the end of your term, if you aren't reelected, there's a good chance many people don't like you. Public office isn't glorious while you're there. It's only glorious after you're long dead, and even then you probably had to do something hugely important to be praised.

> Do you think IRV alone helps? What exactly do you propose?

A good government is made up of active voters. I propose making good use of your voice through the internet, in person, and on the phone and in letters to your representatives. Inspire others to do so, keeping the focus on supporting issues you care about, and less so much about people or particular candidates. Share facts. Don't try to brainwash your fellow citizen by convincing them to vote in your man. Discuss and debate with mutual respect for everyone you meet, because we are all equals, you, me, the president, and those natives in Brazil who don't want to meet anyone from outside their jungle village. The more you can discuss without disrespecting someone's right to their own opinion, the more trustful and open our society will become, and we will advance to use technologies you can't imagine today. I know this because we're living in that future that people from the 1950s couldn't fathom. Use your vote and your voice, or risk losing it. It's your choice.

Re:U.S. Drops California Case Against Apple After Accessing ... by adrianratnapala on Tuesday March 29, 2016 @08:04AM (#11380841)
> How long has Australia had IRV? As long as I have been around -- 30 years or more.

IRV has nothing to do with reducing the strength of two main parties. It just reduces the weirdness in the case of moderately close races.

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Tuesday March 29, 2016 @01:05PM (#11382930)
Okay, so there can still be two main parties, but isn't the idea to allow third party candidates to run without taking votes away from the most similar candidate? I haven't studied all the different forms of voting [1]. I know there isn't one that's perfect, I just think we can make some improvements on what we have now. I am not ashamed to admit most of my understanding of this comes from CP Grey's animal kingdom =).

EDIT: Just read a bit about approval voting and score voting. I guess I'll suggest those next time instead of mentioning IRV.

[1] https://en.wikipedia.org/wiki/Voting_system#Compliance_of_se...

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Tuesday March 29, 2016 @04:34PM (#11384656)
Talking about criteria with voting methods is like comparing weight and horsepower of race cars. That's the wrong approach. You want to put them on the track and get average race times. You can do this with voting methods too.

http://ScoreVoting.net/BayRegsFig.html http://ScoreVoting.net/PropDiatribe.html

Re:U.S. Drops California Case Against Apple After Accessing ... by sratner on Tuesday March 29, 2016 @01:54PM (#11383391)
> A good government is made up of active voters.

Another thing Australia has, besides IRV, is compulsory voting.

Re:U.S. Drops California Case Against Apple After Accessing ... by nkurz on Monday March 28, 2016 @09:42PM (#11378963)
I think 'rayiner' might just have meant "it would be preferable that the President be elected by popular vote of the entire nation without regard to state boundaries". While it's possible he was suggesting that the States themselves should be abolished, I think it's just awkward phrasing.
Re:U.S. Drops California Case Against Apple After Accessing ... by rayiner on Monday March 28, 2016 @10:09PM (#11379043)
Nope, I think we should get rid of the states and turn them into administrative districts of the federal government. The state governments are hotbeds of corruption, ruled by minority interests because state elections have low voter turnout, and add an enormous administrative tax to pretty much every economic or legal transaction that happens in the U.S.
Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @10:19PM (#11379077)
Respect for elaborating.

> The state governments are hotbeds of corruption, ruled by minority interests because state elections have low voter turnout, and add an enormous administrative tax to pretty much every economic or legal transaction that happens in the U.S.

Maybe that needs to happen once in awhile for us to wake up and start exercising our rights again.

I don't think the world has gotten any easier to administrate. If anything it's gotten tougher. I like the idea of allowing smaller areas to administrate themselves outside the national constitution. The world is changing more quickly every day, states have worked well for 240 years at preventing dissolution, and if we consolidate more power we risk creating a majority who is unhappy enough to revolt, in my opinion.

Our goal is not to become all powerful and ignore citizens who aren't making use of their right to vote. Our goal is to be balanced, and in doing so we find strength as a byproduct. When you seek power as a goal, you have already started down the path to failure when someone inevitably usurps your authority. Sustainability is our goal, and balance is the way.

Re:U.S. Drops California Case Against Apple After Accessing ... by logfromblammo on Tuesday March 29, 2016 @03:30PM (#11384189)
Technically, the states have only prevented dissolution for a bit less than 151 years. The previous streak lasted about 79 years.

Surely, the Confederate secession qualifies as a dissolution.

I am of the opinion that the U.S. would fare better with more states, rather than fewer. If Los Angeles, New York City, Chicago, San Francisco, Dallas, Houston, Miami, Philadelphia, Boston, and San Diego all became city-states, the usual civic corruption would have less impact on the statewide governments of the donor states.

Re:U.S. Drops California Case Against Apple After Accessing ... by squozzer on Tuesday March 29, 2016 @01:27PM (#11383119)
One could say the same about cities and counties, except in LA, where they call them parishes, or AK, where they call them boroughs.

But I don't expect that change anytime soon. It was after all the states who gave up some of their sovereign powers to form a federal system after breaking free of British rule.

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Tuesday March 29, 2016 @12:27AM (#11379489)
Approval Voting is much simpler, and without the perverse incentives that come with instant runoff voting.
Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @02:19AM (#11379795)
Here's my problem with Approval Voting: Let's say you are left-wing, and there is a left-wing, centrist, and right-wing candidate running. Do you approve the centrist candidate? If you approve the centrist candidate, you may block the right-wing candidate, but you also may block the left-wing candidate. There is no clear and obvious way for the voter to translate their preference into an approval vote.
Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Tuesday March 29, 2016 @10:45AM (#11381812)
This isn't a problem. Numerous contentious Approval Voting elections and exit polls have been held with Approval Voting, showing voters can certainly cast a vote without being paralyzed by indecisiveness.

If YOU can't make up your mind, then just don't vote. Seriously. You can get Approval Voting and just not even show up and vote. You'll still get massively better election outcomes because of all the people who do show up to vote are using an objectively better decision-making algorithm. Yes, objectively better.

http://ScoreVoting.net/BayRegsFig.html

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @12:05PM (#11382461)
I didn't intend to suggest someone wouldn't vote because they are "paralyzed by indecisiveness." My concern is that people will vote sub-optimally due to poor information about other voters preferences and poor understanding of the strategy involved.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Tuesday March 29, 2016 @10:32PM (#11386583)
That's a valid concern. http://www.electology.org/score-voting-threshold-strategy argues that in approval voting an honest ballot would give you (by some measure) at least 91% of the impact of a perfect tactical ballot.

An honest vote in first-past-the-post, say for your awesome friend Bob for President, would give you approximately 0% return compared to the proper strategy of voting for the lesser evil of Clinton.

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Thursday March 31, 2016 @01:04AM (#11395096)
This is a common logical fallacy. I'll explain.

Suppose Approval Voting gives you a utility ("happiness") of 10 if you're tactical, or 9 if you're honest.

Now suppose Voting System X, in which a sincere and tactical vote are obviously identical (ignore the fact that this requires the system to use randomness), gives you a utility of 7.

Now do you _really_ want to take the latter system because there's no disparity in your happiness based on whether you knew the best strategy? Or would you rather take the system that gives you a better result?

More details here. www.electology.org/topic/tactical-voting

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Thursday March 31, 2016 @02:16AM (#11395324)
I'm sorry, but you've completely missed the point. Nobody is talking about the "disparity in your happiness based on whether you knew the best strategy."

Obviously, if the honest approval ballot give me 9 utility points, and the strategy approval ballot gives me 10 utility points that's better then the system that always give me 7 utility points.

However, it seems to me that the situation is much more along the lines that an honest approval vote gives me 2 utility points, and a strategic one gives me a utility of 9.

See, I hold to political positions that almost always put me in the minority. If I only approved those candidates that that I actually liked, I'd only approve candidates with effectively zero chance of winning. This would let my least favorite candidate win, thus granting me very little utility.

Hence, I'll probably take System X, even if approval voting might, in theory, do better if everyone applied the strategy correctly.

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Thursday March 31, 2016 @02:43PM (#11399518)
> This is a common logical fallacy. I'll explain.

No, it's not. I agree with you. (But perhaps didn't express that right.)

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @11:00PM (#11386667)
Actually, that discussion is about an honest score voting ballot, not an honest approval ballot.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Wednesday March 30, 2016 @04:03AM (#11387647)
Hmm, the author confusingly mixes topics.
Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Wednesday March 30, 2016 @06:03PM (#11393389)
Approval Voting is Score Voting on a 0-1 scale. I tried to be clear about the distinctions as they apply. If you can cite any specific sentences that you think could be made clearer, please let me know.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Wednesday March 30, 2016 @11:41PM (#11394833)
I think I confused myself there.

If you want your site to be usable for drive-by-quoting in an Internet discussion, perhaps you want to make two copies of that text, one specifically for Approval Voting and one for score voting in general?

PS Overall nice website, I am reading more.

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Thursday March 31, 2016 @01:21AM (#11395155)
Thanks. We've changed platforms a couple of times and have lost some pages and introduced some broken links and "CSS" issues along the way. We need more manpower to make it pretty, but no one cares enough about democracy to give us the millions to invest in such things. :)

This was the original site from years ago: https://sites.google.com/a/electology.org/www/approval-votin...

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Thursday March 31, 2016 @01:21AM (#11395157)
Ironically, my startup just got through YC and my fingers are crossed that we're successful enough for me to one day fund such reforms, so we'll never be threatened by a Trump again.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Thursday March 31, 2016 @02:46PM (#11399538)
Congratulations!

I wonder what the right strategy would be? I guess start small and introduce sensible and simple voting everywhere you can:

- Shareholder votes in a company - Where to go for dinner - Vote for mayor in a small town - ...

Most people don't even know that there are different voting systems, yet alone that some of them are vastly better than others. (It's like watching people play Monopoly, when they are much better games around these days.)

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Thursday March 31, 2016 @05:49PM (#11400831)
For what it's worth, voting system changes typically result from a two-party system splitting: http://repositori.upf.edu/handle/10230/506. When countries end up with more then two parties, those parties suddenly have an incentive to institute better voting systems. That would suggest you'd have to take out the Republican/Democrat duopoly to change the US system, but perhaps Trump will do some good after all.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Friday April 01, 2016 @10:00PM (#11409863)
Interesting. They had some changes in party systems in the US over the course of the country's life, but did they change the voting system?

Britain also had some changes (with labour replacing liberal at the beginning of the 20th century).

I hail from Germany, which traditionally has a more proportional system. (It's a weird mix that seems to do reasonably well in practice. They could replace the first-past-the-post of the `Erststimme' with a score voting system, but the Erststimme isn't that important anyway.) They never had less than three parties in the federal parliament after WWII, even with a 5% threshold needed to move in.

The UK had three somewhat relevant parties in the 20th century (though only two relevant parties per county). Why haven't they changed electoral system? (And when they had a referendum about it, why did they suggest the dreadful IRV?..)

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Friday April 01, 2016 @11:47PM (#11410127)
The USA has had changes of party systems, but never in a way that resulted in a lasting third party.

Certainly there are places like the UK, or my homeland, Canada, that have had three relevant parties for a while without changing the system. Although both UK and Canada have forces pushing for reform. The recently elected government of Canada gave an election promise to change the system, but, well, I'm not holding my breath.

But I'm not saying at all that any country with multiple parties will enact voting reform, but statistically, it seems that voting reform is often brought about that way.

I suspect IRV was brought to vote in the UK, because that was deal that could be reached between the Conservatives who didn't want change, and the Liberal Democrats who did. However, I will note that IRV isn't so bad when selecting members of a legislature. Approval/Condorcet elect compromise candidates, but we don't want to simply have a legislature of compromise candidates, but rather representative of how people voted. But some from of proportional system is probably better.

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Thursday March 31, 2016 @01:00AM (#11395084)
That's a common logical fallacy. What's important is not "how much utility did I lose by not casting the most optimal vote in Voting System X?" What's important is, "how much utility did I lose by not _using_ Voting System X?"

Explained here with a simple graphic to visualize it. www.electology.org/topic/tactical-voting

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Tuesday March 29, 2016 @02:45AM (#11379895)
That's an interesting point. Yes, approval voting, like all other voting systems, requires voters to not only know their preferences, but also to play a little `game' (in the game theory sense of the word).

The optimal strategy on who to vote for depends not only on preferences, but also on what you know about the other voters. Polls help here.

The nice thing about approval voting is that, even though their might not be one single, clear and obvious way to translate your preference into your vote; but there is a clear and obvious family of ways to do so. And they have nice properties.

In-first-past-the-post, people often elect to give their vote to the lesser evil, instead of their preferred (third-party) candidate.

In approval voting, you will never have to give a compromise candidate more `vote' than any other candidate you prefer.

Ie all families of sensible voting strategies for approval voting look like this:

- sort candidates in order of preference - figure out a cutoff - approve anyone above the cutoff

The optimal cutoff depends on the peculiarities of the election (polls etc).

In practice, people manage this quite well intuitively. (I have run approval votings for small things, like which restaurant to take the team to.)

Re:U.S. Drops California Case Against Apple After Accessing ... by gfunk911 on Tuesday March 29, 2016 @06:14AM (#11380506)
I like the idea but don't agree that all you do is vote above the cutoff. If there are 10 choices and I approve of 3, but I know my 7 and 9 are the only possible winners, I'll likely vote 1 2 3 7.
Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Tuesday March 29, 2016 @10:47AM (#11381838)
Your best strategy is to approve all candidates you prefer to the expected value of the winner. http://www.electology.org/score-voting-threshold-strategy

This works out well, tending to elect Condorcet winners. http://ScoreVoting.net/AppCW.html

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Tuesday March 29, 2016 @10:27PM (#11386563)
Thanks. So the best strategy is even simpler!

So you do vote above the cutoff. But the optimal cutoff is really simple to find from the polls.

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @11:38PM (#11386803)
I don't think that works. Polls tell you the levels of support of the candidates, they don't give you the probability of each candidate winning which is what you need to figure out the expected value of the winner.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Wednesday March 30, 2016 @04:05AM (#11387660)
I guess it's back to the prediction markets (or fivethirtyeight) then.
Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @01:13PM (#11382994)
I don't think other system require "playing the game" in the same way as approval voting. You can game any voting system by voting strategically, but approval voting seems unique in actually expecting people to have to vote strategically.
Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Tuesday March 29, 2016 @04:35PM (#11384663)
You can vote strategically in any deterministic voting method. There's nothing special about Approval Voting. People can vote honestly based on whether they approve (have a favorable opinion of) a candidate. Or they can be tactical and base the decision on probability of winning.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Tuesday March 29, 2016 @10:24PM (#11386551)
And in approval voting at least your strategy is very close to honesty.

Your strategic consideration only consists in choosing a cutoff.

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Tuesday March 29, 2016 @10:24PM (#11386547)
> I don't think other system require "playing the game" in the same way as approval voting.

You must be joking? Almost no one ever votes their true preference in first-past-the-post. People usually vote for the lesser evil of the top two candidates, because any other strategy (like voting for who you'd actually like to win the election) just wastes your vote.

In any case, check out eg https://en.m.wikipedia.org/wiki/Approval_voting for other people's thoughts on the system. There's much more online about all aspects and pros and cons that we don't need to rehash.

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @10:50PM (#11386641)
Sorry, I tend to think of FPTP as being so messed up it doesn't qualify as a voting system. I was comparing approval voting to alternatives like Ranked Pairs/IRV/Borda etc.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Wednesday March 30, 2016 @04:07AM (#11387666)
Oh, OK. I am arguing for Approval Voting because it's the simplest voting system up from FPTP, and easy to explain.

Borda Count really invites the gaming, though. https://en.wikipedia.org/wiki/Borda_count#Potential_for_tact...

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Wednesday March 30, 2016 @06:03PM (#11393391)
Borda is better than Plurality and IRV regardless of the amount of tactical voters.

http://ScoreVoting.net/BayRegsFig.html

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Wednesday March 30, 2016 @11:44PM (#11394843)
Interesting. I'd have to look at that simulation.

What about cloning candidates? The simulation only looks at strategic voting.

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Thursday March 31, 2016 @10:34AM (#11397443)
The simulation uses random utility generators, which sometimes create situations where two candidates are highly similar and thus "partially" clones. The point is to model reality.

Compliance with "independence of clones" is in this property chart. http://scorevoting.net/CompChart.html

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Wednesday March 30, 2016 @11:42AM (#11390097)
I get where you are coming from on Approval Voting. The simplicity of the system is very attractive.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Wednesday March 30, 2016 @11:45PM (#11394846)
Other systems might be slightly better. But Approval Voting is dead simple to explain, and you don't even need new ballot papers compared to plurality.
Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Thursday March 31, 2016 @10:30AM (#11397405)
The only system that's generally better is Score Voting aka Range Voting. But you want to _avoid_ ranked voting methods.

http://ScoreVoting.net/NESD.html

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Thursday March 31, 2016 @05:33PM (#11400716)
I don't think the argument presented there works.

Consider the example with A, B, and C at the end. It claims that approval voting would probably elect C, but why? If the voters apply perfect strategy, B supporters won't approve C, and B will win. The same is true of range voting, where B supporters will give C a rating of zero.

It does not seem escapable that a majority voter block can dictate their wishes on the whole population by exaggerating their stated preferences.

Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Friday April 01, 2016 @10:02PM (#11409870)
As long as you need a majority, that's still very democratic? (If it was a plurality only, that would be harder.)
Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Friday April 01, 2016 @11:25PM (#11410074)
Yes, but the page in question is arguing that approval/rank voting is better because it doesn't always elect the majority's first choice.
Re:U.S. Drops California Case Against Apple After Accessing ... by eru on Thursday March 31, 2016 @02:48PM (#11399555)
I'm pretty convinced that for single winner elections approval voting is pretty great.

I haven't convinced myself when multiple people can get elected.

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Tuesday March 29, 2016 @10:43AM (#11381786)
Yes, Approval Voting is simpler and radically superior to IRV. www.electology.org/approval-voting-vs-irv

Bayesian Regret calculations show IRV is actually THE WORST of the five commonly discussed alternative voting systems.

The best is Score Voting, but it's not as simple as Approval Voting. http://ScoreVoting.net/BayRegsFig.html

Clay Shentrup Co-founder of The Center for Election Science

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Tuesday March 29, 2016 @01:10PM (#11382970)
Cool. Here's a better introduction to score voting [1]

The site you linked looks like it was built in 1998

[1] http://electology.org/score-voting

Re:U.S. Drops California Case Against Apple After Accessing ... by ClayShentrup on Tuesday March 29, 2016 @06:22PM (#11385419)
I wrote most of that page. :)
Re:U.S. Drops California Case Against Apple After Accessing ... by ocfx on Monday March 28, 2016 @08:47PM (#11378741)
States arguably also inhibited the path to gay marriage as well. You can't really know that one for sure.
Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Tuesday March 29, 2016 @04:36AM (#11380233)
Maybe, but it would not have stuck if passed unilaterally. When we collectively decided to legalize gay marriage, it was very clear there was a majority in favor. This came about by pockets of the government trying it out first.

You're overlooking the fact that people and politicians need time to grow and hone their skills. Without states, without giving them some ability to be corrupt, there is no testing ground. Politicians at the national level would not be experienced negotiators because the first step in being a politician would be joining the federal government. And I don't think forcing gay marriage on the US would've been a good idea any sooner even if we'd had a sufficiently progressive president and congress. I have deep sympathy for all the people who had to wait so long for society to officially accept them, but I think even they can respect that we might not be as strong of a unified society if gay marriage had become legal in, say, the 80s, rather than today. A unilateral decision by a president and majority congress could have set the issue back even further.

Re:U.S. Drops California Case Against Apple After Accessing ... by u801e on Monday March 28, 2016 @09:19PM (#11378884)
> First, what polls say is not the same as what the electorate believes. Actual voters skew older and more conservative that the general public.

It seems to me that minority interests have a disproportional influence on policy decisions and that a single issue may not have a high enough priority to get elected representatives to change policy on that issue.

For example, if you look at the the NMSL (National Maximum Speed Limit) that was in effect from 1974 through 1995, it was quite obvious, based on traffic speed measurements, that almost no one was complying with the law on interstate highways, yet it took 13 years before it was modified to allow for 65 mph speed limits and another 8 years before it was repealed entirely.

So, it's entirely possible that the electorate was not in favor of that particular law long before 1995, but that single issue wasn't important enough for congress to vote on for around a decade.

Re:U.S. Drops California Case Against Apple After Accessing ... by fsck--off on Monday March 28, 2016 @08:56PM (#11378780)
Why is the 2000 election a disingenuous example? Bush lost the overall popular vote and it is almost certain that a majority of people tried to vote for Gore in Florida.
Re:U.S. Drops California Case Against Apple After Accessing ... by rayiner on Monday March 28, 2016 @09:19PM (#11378883)
We also don't elect presidents based on who people "tried to vote for." Bush won the first count, and he won the automated recount. It should never have progressed further than that. 7 of 9 justices agreed that the ad-hoc recount that applied different standards to different counties violated the equal protection clause.

Moreover, we have no way of knowing whether Bush or Gore "won" Florida. Voting is a mechanism for measuring something. Like any method of measurement, it has a margin of error. The margin between Bush and Gore was so close that it was almost certainly smaller than the error in the voting mechanism itself. The scientifically right answer would have been to exclude Florida (and, in fact, several other states decided by very small margins) from the sampling process.

Re:U.S. Drops California Case Against Apple After Accessing ... by fsck--off on Tuesday March 29, 2016 @02:41AM (#11379875)
The butterfly ballot funneled thousands of votes to Buchanan. Recounting miscast votes would not have helped.
Re:U.S. Drops California Case Against Apple After Accessing ... by ArkyBeagle on Monday March 28, 2016 @09:49PM (#11378981)
An electoral college winner losing the overall popular vote has happened much more than once. Florida was more or less a coin flip that landed on its edge and stayed that way.
Re:U.S. Drops California Case Against Apple After Accessing ... by lowpro on Tuesday March 29, 2016 @12:46AM (#11379534)
It's happened four times, of which the first went to the House to decide, and the 1876 and 1888 were in a time of widespread corruption, but nonetheless it's still very rare, especially in the modern day, and I wouldn't expect it to happen again in our lifetimes.
Re:U.S. Drops California Case Against Apple After Accessing ... by imgabe on Monday March 28, 2016 @08:12PM (#11378575)
The system is designed specifically to thwart the majority sometimes. Sometimes the majority is wrong. Now, the thwarting doesn't always happen when the majority is wrong, but we might be grateful for the electoral college for instance, this time around.

The breadth and complexity of the issues the government has to deal with are far beyond what any one citizen could keep track of, that's why we don't have a direct democracy.

Re:U.S. Drops California Case Against Apple After Accessing ... by zavi on Monday March 28, 2016 @08:59PM (#11378791)
> Sometimes the majority is wrong

s/sometimes/most of the time

Re:U.S. Drops California Case Against Apple After Accessing ... by Aleman360 on Monday March 28, 2016 @07:14PM (#11378231)
The US isn't based on majority rule. No one wants that.
Re:U.S. Drops California Case Against Apple After Accessing ... by KerryJones on Monday March 28, 2016 @07:23PM (#11378282)
Exactly -- because the US isn't a democracy (majority rule), it's a democratic republic.
Re:U.S. Drops California Case Against Apple After Accessing ... by dpark on Monday March 28, 2016 @07:36PM (#11378377)
It's not a direct democracy. That didn't mean it's not a democracy.

If you redefine democracy to be the narrowest possible interpretation, you eliminate every government in the world. You also make the word pretty much useless.

Re:U.S. Drops California Case Against Apple After Accessing ... by jMyles on Monday March 28, 2016 @07:51PM (#11378466)
It might be fair, though, to exclude governments whose founding documents and the position papers written to advance them expressly eschew and prohibit democratic rule, in favor of a limited and enumerated republic.

There are some governments who claim authority to take any action authorized by the democratic process. The US government is not among them. Ergo, it is not properly classified as a "democracy."

Re:U.S. Drops California Case Against Apple After Accessing ... by Thrymr on Monday March 28, 2016 @09:04PM (#11378824)
You're defining "democracy" more narrowly than is reasonable. The 2nd definition at Merriam-Webster, for example [0], is "a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections". "Republic" and "democracy" are not mutually exclusive.

[0] http://www.merriam-webster.com/dictionary/democracy

Re:U.S. Drops California Case Against Apple After Accessing ... by jMyles on Monday March 28, 2016 @09:10PM (#11378846)
Reducing the discussion to a dictionary definition is emblematic of many of the problems in today's political discourse. This pithy, literal definition of a term is not relevant, especially when that same term, in the same context, is discussed at length, in light of various philosophies on the matter, in the Federalist Papers.

I don't think there's a better source of information about whether the government of the united States of America is a democracy than the position papers written to advance the four corners of its founding instruments, and they deliver an unambiguous "no."

Let's say, for a a moment, that your definition, which seems to conflate these two distinguishable scenarios (one in which a government's power is strictly limited and enumerated, and another in which that power extends to the bounds of whatever a voting majority or their representatives might desire), is a reasonable one.

How, then, do you discuss this distinction?

...and even by your definition, while an individual state might quality, the government of the USA does not: "supreme power" is wholly unavailable through the US government, at least in its legitimate purview (of course it exceeds this boundary frequently and flagrantly). It has dominion only over the specific areas outlined in the constitution; those not mentioned are reserved for the states or the people.

Re:U.S. Drops California Case Against Apple After Accessing ... by dpark on Monday March 28, 2016 @10:46PM (#11379160)
> I don't think there's a better source of information about whether the government of the united States of America is a democracy than the position papers written to advance the four corners of its founding instruments, and they deliver an unambiguous "no."

I'm not a constitutional scholar, so forgive me. What exactly do you think unambiguously demonstrates that the United States is not a democracy?

> ...and even by your definition, while an individual state might quality, the government of the USA does not: "supreme power" is wholly unavailable through the US government, at least in its legitimate purview (of course it exceeds this boundary frequently and flagrantly)

I feel like the definition addressed this. (In fact, given that this is Webster's, I'd expect that the definition was written to specifically include the United States government.) The definition says "the supreme power is vested in the people and exercised by them directly or indirectly". The fact that the Constitution reserves nonenumerated powers for "the states or the people" indicates a recognition that the power is vested in the people. The "legitimate purview", as you put it, consists of powers granted by the people who hold "supreme power".

Re:U.S. Drops California Case Against Apple After Accessing ... by mattlutze on Tuesday March 29, 2016 @12:46AM (#11379536)
Please note, "the United States" isn't just the federal government, but the federal government as well as the governments of the 50 federated states of the union (and tributaries/territories).
Re:U.S. Drops California Case Against Apple After Accessing ... by EdHominem on Tuesday March 29, 2016 @12:42PM (#11382754)
> in which the supreme power is vested in the people

We don't have that. We get to pick from a closed set of possible representatives and they aren't bound to follow our desires. (Or even check...)

It's not the indirection of the representative, it's that they aren't required to even try to represent. Your vote in the USA essentially elects a mini-tyrant who theoretically wants to be elected again so much that they'll pander to you in exchange for that but only so far as they can use you. As soon as they'll get enough money by selling you out to compensate for your lost vote, they will.

And worse, this is how it's supposed to work.

Re:U.S. Drops California Case Against Apple After Accessing ... by ArkyBeagle on Monday March 28, 2016 @09:52PM (#11378988)
Democracy is a term which refers to both republics and plebiscites. The word you are looking for is "plebescite". Plebescite is widely believed to have been problematic in ancient Greece, which is why it's relatively rare.
Re:U.S. Drops California Case Against Apple After Accessing ... by EdHominem on Tuesday March 29, 2016 @12:34PM (#11382703)
Yes, though you must consider that if your representative isn't bound to vote to represent you (even in general) the word is pretty watered down already.
Re:U.S. Drops California Case Against Apple After Accessing ... by tjgq on Monday March 28, 2016 @07:32PM (#11378344)
Is that a distinction worth making? By that standard, how many countries in the world are actually democracies?
Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @07:50PM (#11378460)
Absolutely it is. Google the difference. A democratic republic ultimately derives power from the people. There are more checks and balances in place in America than one person one vote. More info [1]

[1] http://www.thisnation.com/question/011.html

Re:U.S. Drops California Case Against Apple After Accessing ... by mtgx on Monday March 28, 2016 @07:19PM (#11378256)
No, but I think Americans want a semblance of representation. When The People have close to 0% sway in Congress' opinions on bills, and corporations have like 70%, I'd say that's a pretty big freaking deal, no?

https://www.youtube.com/watch?v=5tu32CCA_Ig

Every time there's an argument about wanting more democracy in the US, it seems someone always appears to say "but that's mob rule!". No, nobody wants mob rule. But there's a canyon between what exists now and what a more representative government could look like.

Re:U.S. Drops California Case Against Apple After Accessing ... by panarky on Monday March 28, 2016 @07:34PM (#11378364)
Excellent video, I hadn't seen that.

Predictably, the argument devolves into one about direct democracy vs. representative democracy, and that's really not the issue at all.

The issue is that the current system consistently acts contrary to the will of the people.

To quote the Princeton study from your video:

  The preferences of the average American appear to have only a
  minuscule, near-zero, statistically non-significant impact upon
  public policy.
Re:U.S. Drops California Case Against Apple After Accessing ... by erichocean on Monday March 28, 2016 @08:27PM (#11378643)
> The preferences of the average American appear to have only a minuscule, near-zero, statistically non-significant impact upon public policy.

That's a feature, not a bug.

Re:U.S. Drops California Case Against Apple After Accessing ... by oldmanjay on Monday March 28, 2016 @08:07PM (#11378546)
I'm curious about this capital-P People. Does working for a corporation revoke membership in this club?
Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @07:31PM (#11378340)
> When The People have close to 0% sway in Congress' opinions on bills, and corporations have like 70%, I'd say that's a pretty big freaking deal, no?

There's plenty of time to undo the actions of the past 10, 20, even 30 years.

If you sit back on your heels, throw your arms up in the air, don't vote and say nothing, then you won't be participating in democracy. But if you do use your voice and vote then at least you can say you tried. Everything won't always go your way and we don't have a perfect system. But given our diverse population it is a pretty good one. I say that while in full agreement that there are a lot of laws that need to be reversed or undone.

You'll never entirely remove money from politics. And, we should keep trying to remove it even though we know we won't end up with a perfect solution. That said, lobbyists aren't inherently evil and many share our viewpoints (for example, the EFF)

Re:U.S. Drops California Case Against Apple After Accessing ... by mdpopescu on Tuesday March 29, 2016 @02:16AM (#11379788)
Personally, I don't believe that "at least you can say you tried" is morally superior to not participating in a rigged game.
Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Tuesday March 29, 2016 @04:40AM (#11380245)
I did not say anything about morals. I'm not superior to you. I'm just stating my opinion. Choose to do as you wish. If you choose to not participate in the formation of this government, you are free to continue living in the US or live elsewhere. You could even try to start a revolution though I wouldn't recommend it. It is entirely up to you.
Re:U.S. Drops California Case Against Apple After Accessing ... by panarky on Monday March 28, 2016 @08:17PM (#11378598)
Certainly not! It's much better to be ruled by sociopaths and megalomaniacs.
Re:U.S. Drops California Case Against Apple After Accessing ... by enraged_camel on Monday March 28, 2016 @08:53PM (#11378766)
Versus the stupid and the ignorant?
Re:U.S. Drops California Case Against Apple After Accessing ... by TheOtherHobbes on Tuesday March 29, 2016 @08:01AM (#11380832)
You realise it's not either/or?

The US is a plutocracy. It's in no sense a working democracy. There's a public voting circus every couple of years, but policy - which is the only thing that really matters in politics - is largely defined by Wall St, the Fed, and by mil-ind corporate lobbying groups.

All of the above are politically unaccountable and legally untouchable. See for example the ridiculous excuses made to prevent the passage of:

https://en.wikipedia.org/wiki/Federal_Reserve_Transparency_A...

Re:U.S. Drops California Case Against Apple After Accessing ... by thothamon on Tuesday March 29, 2016 @10:50AM (#11381870)
This sort of thing is said all the time, but we do see significant policy changes based on voting, such as the switch to Barack Obama from George W. Bush. It's not clear to me that the corporations drove that in a major way. Another example is Herbert Hoover to Franklin Roosevelt. I imagine you wouldn't suggest that the corporations wanted the Socialist ideas proposed by Roosevelt.

Just because an election or a vote doesn't go your way, or the government doesn't shift dramatically every election, doesn't mean the nation does not have a working democracy.

Re:U.S. Drops California Case Against Apple After Accessing ... by panarky on Monday March 28, 2016 @09:00PM (#11378798)
Yes! I'd prefer to be governed by ordinary people rather than an intelligent and wealthy adversary intentionally working against my interests.
Re:U.S. Drops California Case Against Apple After Accessing ... by sirclueless on Monday March 28, 2016 @11:03PM (#11379210)
The problem is that "governance by ordinary people" is not really on the table as an option. Governance by popular vote might be, but given how short-sighted and easily swayed the average loosely aware citizen is, the result is more likely to be "governance by demagogues and whoever has the most advertising dollars".
Re:U.S. Drops California Case Against Apple After Accessing ... by bko on Monday March 28, 2016 @07:50PM (#11378456)
Yes and nearly 8 in 10 Americans believe in angels [0]

You're cherry-picking topics you (presumably) agree on.

[0] http://www.cbsnews.com/news/poll-nearly-8-in-10-americans-be...

Re:U.S. Drops California Case Against Apple After Accessing ... by panarky on Monday March 28, 2016 @08:10PM (#11378561)
Is your point that people who believe in angels have no capability to govern themselves, so they should be grateful to their corporate overlords?

Or is your point that people who believe in angels need to be surveilled without warrants and have their meager earnings confiscated to enrich the elite?

Re:U.S. Drops California Case Against Apple After Accessing ... by bko on Monday March 28, 2016 @08:24PM (#11378631)
My point is that the current popular opinion based on a casual response to an (unbiased?) question should not necessarily be used to determine the policy of a nation.
Re:U.S. Drops California Case Against Apple After Accessing ... by LordKano on Monday March 28, 2016 @11:44PM (#11379348)
A majority of Americans voted for the Democrat in 2000, but the Republican was installed instead

That's a feature, not a bug.

The Electoral College was specifically designed to mitigate the power of densely populated areas.

Re:U.S. Drops California Case Against Apple After Accessing ... by PhasmaFelis on Tuesday March 29, 2016 @12:17AM (#11379464)
All of those things are real problems. But it sounds like you're looking for an excuse to throw up your hands and give up. That's not going to make things any better.

Sometimes the will of the people prevails, and sometimes it doesn't. When it doesn't, it's really disheartening; sometimes all our effort is for naught. But if we don't even try, it will always be for naught.

Re:U.S. Drops California Case Against Apple After Accessing ... by winstonewert on Tuesday March 29, 2016 @02:22AM (#11379804)
Actually, neither candidate got a majority in 2000 election, either nationally or in Florida.
Re:U.S. Drops California Case Against Apple After Accessing ... by StanislavPetrov on Tuesday March 29, 2016 @03:46AM (#11380084)
>Well, welcome to life in a democracy.

If there has ever been a time to illustrate that our country is an oligarchy and not a Democracy, this has been the year. There is a non-zero chance that even in our rigged, broken system that the candidates that are recognized in one or both parties will be ones that received less voter support and were chosen by the wealthy.

>We have to be prepared to fight the crypto wars forever, like unions are still fighting the labor wars a century later.

Just like the war against CISPA, which was lost to attrition.

>We could revoke the 13th and 14th Amendments and have slavery again--there is no legal impediment to that

What does the Constitution matter at all? Our system of checks and balances is beyond broken - its gone. Not to be disrespectful, but anyone who thinks that the Constitution is recognized by the government is delusional or worse. The 1st, 4th, 6th, and 9th amendments have been rendered basically moot by recent government action and court inaction. The truth is that you can't have a functioning democracy without the informed consent of the governed. When the majority of the population lacks the capacity to generate informed consent and those in power work actively to suppress that capacity you end up with the authoritarian oligarchy that we have today.

Re:U.S. Drops California Case Against Apple After Accessing ... by EdHominem on Tuesday March 29, 2016 @12:50PM (#11382807)
> informed consent

Our servants have been shown to be lying to us, and have continued lying to congress when called to task.

That's directly subverting our democracy. Treason.

Re:U.S. Drops California Case Against Apple After Accessing ... by syshax on Monday March 28, 2016 @07:05PM (#11378182)
>We could revoke the 13th and 14th Amendments and have slavery again--there is no legal impediment to that.

Actually, I think this is the genius of the amendment system.

You are correct that it could happen. But unlike laws that can be passed or revoked by Congress by political whim, the barrier to creating or overturning Constitutional amendments is much higher and more difficult to pass.

Re:U.S. Drops California Case Against Apple After Accessing ... by aaronharnly on Monday March 28, 2016 @09:32PM (#11378930)
There's a famous story about the logician Kurt Gödel related to this.[1] In preparation for the US citizenship test, despite assurances from his friends Albert Einstein and Oskar Morgenstern that the test was a mere formality, he studied assiduously all sorts of details about local and national government, including the US Constitution.

He quite excitedly told Einstein and Morgenstern that he had found a weakness in the Constitution that would allow the US to become a dictatorship. They were horrified and tried to tell him not to bring up such ideas at the hearing, but the judge happened to note that it was a good thing that in the US, unlike Gödel's native Austria, we were not a dictatorship -- which prompted Gödel to begin explaining his discovery...[2]

Unfortunately, no one ever bothered to write down what Gödel's idea was! But it has been speculated[3] that it is this: that the Article V provision for constitutional amendments does not exclude that provision itself from amendment -- so it is possible to first pass an amendment making it easier to pass amendments, after which it could be a short trip to dictatorship under the right conditions.

Fanciful, but a fascinating story. Picturing Gödel, Einstein, and Morgenstern hanging out and being playful with each other is a treat.

[1] http://morgenstern.jeffreykegler.com

[2] https://d78508e2-a-97b1dc77-s-sites.googlegroups.com/a/jeffr...

[3] http://poseidon01.ssrn.com/delivery.php?ID=42406910501309506...

Re:U.S. Drops California Case Against Apple After Accessing ... by roywiggins on Monday March 28, 2016 @11:31PM (#11379307)
The Constitution is pretty much only as strong as the institutions that interpret and enforce it. It's all sort of a collective hallucination that the Constitution has any power in and of itself. "Godelian" defects seem a lot less dangerous to me than plain-old human factors.

The UK manages to be a Parliamentary democracy without having a single coherent constitution at all, let alone one free of logical defects- so having a perfectly consistent and "loophole-free" constitution doesn't seem particularly important in practice.

The easiest way to wholly undermine the US Constitution is to just expand the Supreme Court bench and then pack it with your cronies, who will then let you do whatever you want and call it constitutional. No amendment needed!

Re:U.S. Drops California Case Against Apple After Accessing ... by Ntrails on Tuesday March 29, 2016 @08:42AM (#11380982)
Sometimes I think there's just as much, if not more, leeway in interpreting the "God Document" that is the constitution, than in not having one and relying on what is essentially "prior art".
Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @07:39PM (#11378397)
Plus the point of our system is to allow both good and bad ideas to be discussed openly so everyone can decide their merits. We haven't seen the likes of Trump since Nixon, and he won't be the last, but we are stronger for giving him room to speak. The bad ideas will hang themselves, even if he becomes president. The US president is not all powerful. There are many limits in place.
Re:U.S. Drops California Case Against Apple After Accessing ... by EdHominem on Tuesday March 29, 2016 @12:56PM (#11382861)
I feel like we're more immunized against religious flavors of crazy. Like, Cruz is probably further from mentally balanced than Trump even, but if he became president he probably wouldn't cause the same level of trouble.

Trump's ideas are "new" in that he does say them first. They appeal to many because we all know the old ideas aren't great, from painful experience. Trump's brand of crazy hasn't hurt us in a long time so we don't see it.

As an example: Bush senior said he didn't even think atheists could be considered citizens. But there's 0% chance that he'd try to enact that, or that it'd pass. Trump's ideas have the veneer of "business decisions" and seem more likely to get enacted.

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Tuesday March 29, 2016 @01:38PM (#11383219)
> Trump's ideas have the veneer of "business decisions" and seem more likely to get enacted.

All the more reason to start being active in discussions about his ideas.

The most compelling for me is he is okay with arming Japan with nuclear weapons.

Trump claims China is tipping the balance of power by building tiny islands in the South China Sea. These are relatively close to China and far from the US. He claims this could kick off WW 3 if not properly off set by adding something to the other side of the scale. He says he'd be okay with arming multiple new nation states, including South Korea and Japan, to balance things again.

But arming new nation states with nuclear weapons would severely throw things out of balance. It'd take years for these countries to ramp up the skills necessary to handle nuclear weapons. And during this time, China could build a decent PR campaign in their country encouraging citizens to come together to fight Japan. Japan has still not apologized for all the atrocities they committed in China during WW II, and some Chinese people do not like that. Pour some gasoline on that small fire and it could spread.

Knowing China's feelings towards Japan after WW II, China's population would certainly not accept Japan having nukes. They might come together to fight a war. Even though China is not a democracy, they still need their people to unify around a common cause in order to choose war over revolution.

I doubt many of Trump's supporters would agree that giving Japan nukes is a good idea. They're the one country we used nukes against. So, it's a good point to bring up with potential Trump voters. I'd like to see that idea of his get more attention so people can see just how impractical he is. Giving SK and Japan nukes isn't just a matter of the US President signing a piece of paper. There are international treaties, diverse governments and populations in place, and as far as I know, Trump has not been to any of those places.

Re:U.S. Drops California Case Against Apple After Accessing ... by nickff on Monday March 28, 2016 @07:15PM (#11378237)
One of the problems that many people have with what the federal government has done in the course of the 20th and 21st centuries is how they have completely ignored the 10th Amendment. I am not sure that the Constitution is an effective protection for civil liberties (or other rights), and I do not know what recourse the citizenry has when the government does ot abide by its own rules.
Re:U.S. Drops California Case Against Apple After Accessing ... by rayiner on Monday March 28, 2016 @08:01PM (#11378515)
It's not that the federal government has ignored the 10th amendment, it's that it doesn't really mean anything.

Here is the text:

> The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

So take something like the ACA individual mandate. Does that violate the 10th amendment? Well, it was held to not be a valid exercise of the commerce clause power. But it was held to be a valid exercise of the taxing power. So it cannot violate the 10th amendment, because the taxing power is one of the ones "delegated to the United States by the Constitution." Say the Supreme Court had held it wasn't valid under the taxing power either. Would it violate the 10th amendment? Technically, but the Supreme Court wouldn't invoke the 10th amendment to strike it down, because a law not supported by one of the enumerated powers is invalid anyway.

The 10th amendment, by it's very language, cannot serve as any sort of independent check. If government action passes muster under one of the enumerated powers, it is by definition "delegated to the United States by the Constitution" and cannot violate the 10th amendment. If it doesn't, it's invalid by reason of not being within the government's enumerated powers--no 10th amendment necessary.

Re:U.S. Drops California Case Against Apple After Accessing ... by nickff on Monday March 28, 2016 @08:11PM (#11378567)
The problem is that the Federal Government has effectively nullified the tenth amendment, because I can't think of anything reserved to the states anymore, except perhaps the police power, though I'm not sure the police power has any meaning left, as every specific action by Congress or the Executive seems to be justifiable. I have never Verrilli say that the government lacked any power it desired, though some of the members of the Supreme Court seem to think the Federal Government only gets those powers after a balancing test (which the Government wins if it is not being overtly capricious).

If you read the enumerated powers broadly enough, you are correct, but I find the 'generosity' of these interpretations to be quite disturbing. Commerce within the states is inter-state commerce, the Federal Government has a compelling governmental interest in your treatment of your neighbors, and whatever you produce or consume in your home affects the Federal Government's compelling interest in a regulatory scheme; everything not otherwise explicitly prohibited is fair game. Even the rights explicitly protected in the Constitution are subject to different levels of scrutiny, (i.e. rational, strict, etc. depending on how much the Judicial branch cares,) even when there was no provision for the Government ever violating them.

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @07:43PM (#11378417)
You still have the right to speak up about it in any manner that is not violent. You can say Obama sucks or should resign. That's a right many people in the world do not have. Your voice and vote are more powerful than you think, even when things seem to be going against what you believe in. You can still find a glimmer of hope, like how Lindsey Graham changed his mind in the Apple case.
Re:U.S. Drops California Case Against Apple After Accessing ... by jonpaine on Tuesday March 29, 2016 @01:48AM (#11379714)
Really?

If a well-funded superpac would systematically and indefinitely try every legal exploit to re-enact slavery you'd be grinning each attempt because "democracy"? ....

The idea that our form of government allows us the freedom to resist predatory laws is inspiring, the necessity to fight that fight... over and over again... is the best representation that true freedom is delicate.

To protect that freedom we need to hold critical thinking above all else to guard ourselves against the faux intellectualism of statements like yours.

Re:U.S. Drops California Case Against Apple After Accessing ... by jaredklewis on Tuesday March 29, 2016 @02:12AM (#11379780)
I don't think the parent comment is "grinning," just reiterating the unfortunate reality. Democracy doesn't inherently produce morally laudable outcomes; it just reflects the will of the majority.

If everyone in the US strongly valued privacy, then our government would have to behave very differently. The US government's lack of respect for personal privacy merely reflects the apathy towards the issue held by the American voting public.

I agree with the parent, that if we want progress, there is no easy path. The only long term solution is to educate the voting public as to the value of privacy. Anything else is just a band-aid.

Re:U.S. Drops California Case Against Apple After Accessing ... by arrrg on Tuesday March 29, 2016 @06:25AM (#11380538)
I really fail to see what that has to do with living in a democracy.

No matter which system of government, rules (in the broadest sense) can always change. Democracy is just the attempt to better align those rules with the interests of the people (in the broadest sense).

As long as the FBI keeps within the rules they can obviously try again. And that’s got very little to do with democracy and much more with the rule of law which is really central here.

Everyone – even and especially the government – has to adhere to the law, but there are mechanisms to act within the law or to settle questions or even to change the law, all through some sort of proper and defined process. That’s just what the rule of law is.

However, within the system of rule of law (and the particular implementation of that system in the US) there are certainly ways for questions to be more or less settled. Things that are easy to change (e.g. executive orders) and things that are hard to change (e.g. constitutional amendments). There are graduations to this – and graduations that exist on purpose.

Behind that is also the realization that quickly changing things – while sometimes necessary – is not really always desirable. So there is a certain sluggishness built right into the system on purpose. And achieving constitutional amendment levels of sluggishness is actually pretty hard to overcome in the US. It’s hard to get an amendment, it’s hard to remove it. Quite on purpose. It’s for settling questions for years.

(All of this is not to say that some states don’t try to have some core values enshrined for all eternity. The German constitution has such an article that explicitly forbids amendments of two other articles. No amendment can change that Germany is a democratic and social federal state, that there are elections and three branches of government, that there is rule of law, that every German has the right to resist against anyone attempting to remove that order, that human dignity is inviolable, that human rights are the basis of any human society and that the basic rights defined in the constitution bind as law all three branches of the government. Even if you agree that there is really no way to amend this in any way – something which constitutional scholars aren’t super-decided on – there could still be a revolution of some sort that just abolishes the old constitution … things can always change, also in technically illegal ways.)

Re:U.S. Drops California Case Against Apple After Accessing ... by lultimouomo on Tuesday March 29, 2016 @03:33AM (#11380043)
> We could revoke the 13th and 14th Amendments and have slavery again

Could, but won't. Government won't ever try. People are saying - right or wrong - that they will try again to enforce backdoors.

Re:U.S. Drops California Case Against Apple After Accessing ... by woodman on Monday March 28, 2016 @08:14PM (#11378584)
> ...much better than a world in which government decisions are truly final. Beware that level of power IMO.

That is certainly a valid point in the case of laws that expand a state's authority, but I don't think that is true where explicit restrictions on the state's authority are put in place (ex: bill of rights). I doubt anybody (outside of the Brady Campaign) will ever look over the bill of rights and think that we would have been better off without the explicit restrictions made clear.

Re:U.S. Drops California Case Against Apple After Accessing ... by jMyles on Monday March 28, 2016 @07:48PM (#11378442)
I think that your comment, while true in spirit, misrepresents some of the mechanics in play here.

> We could revoke the 13th and 14th Amendments and have slavery again--there is no legal impediment to that.

Of course there is - the constitutional amendment process is designed precisely to be an impediment. Unlike a legal proceeding, where courts can create case law essentially at a whim by legal means alone, the constitutional amendment process is a complex and different political process, requiring quite a few procedural stars to align.

One of the problems is that the courts (and, for that matter, Congress and the POTUS) tend not to abide by the text of the constitution, preferring to usurp the political process with their own legal, legislative, or bureaucratic one, respectively.

> We could abolish the EPA, or the IRS, or the NSA. We don't because these have enough supporters who value what they do, today.

I don't think this is true, but I concede that it's not really measurable. What I mean is: the reason that these methods of control persist is not that they have made a convincing case to the public that their mission is laudable and faithfully executed (environmental protection, accurate and fair taxation, and security for US persons vis a vis international dealings). In fact, it's quite plain to see that all three of these agencies have, from time to time, failed spectacularly at these missions, with some incidents attributable to incompetence and others to misconduct.

Instead, I want to suggest that the reason they persist is that they provide convenient mechanisms for exacting power and that they are controlled by people who desire that capacity.

> The 2nd Amendment remains strong today because millions of Americans work every day to keep it that way.

While I agree with this statement, I think that it is somewhat contrary to your previous one. Here you are talking about the preservation of protections offered by the text of a document, which I agree can only be protected by political vigilance. This is fundamentally different from (and perhaps the opposite of) the assertion by entrenched agencies that they operate by political will.

> So, the long-term solution for strong encryption must be a cultural one. We have to be prepared to fight the crypto wars forever, like unions are still fighting the labor wars a century later. Like civil rights activists are fighting racism even today--and will be for the foreseeable future.

Here's where I start to agree with you. This is beautifully put.

Re:U.S. Drops California Case Against Apple After Accessing ... by HelloRipley on Tuesday March 29, 2016 @11:52AM (#11382352)
https://en.wikipedia.org/wiki/Sisyphus

Your description sounds like Camus' interpretation of the myth of Sisyphus. I like it.

Re:U.S. Drops California Case Against Apple After Accessing ... by cryowaffle on Monday March 28, 2016 @08:41PM (#11378721)
Well said, thank you Internet stranger
Re:U.S. Drops California Case Against Apple After Accessing ... by stcredzero on Monday March 28, 2016 @07:30PM (#11378329)
Well, welcome to life in a democracy. Nothing is ever settled with finality because there are plenty of ways for future generations to change the laws we cherish today--for good or ill.

Some thing seem to be permanent. High priority lobbying goals for big corporations. (Examples: Disney & copyright extensions. Corn & corn subsidies. Car dealerships.)

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @07:35PM (#11378371)
That stuff is not going to change over night, and lobbyists aren't inherently bad. It takes other lobbyists to educate Congress and the public about the flip side of the debate. Tesla is working on that now. If you yourself feel passionately about any issue, nothing is stopping you from launching your own website and campaign. You don't even need to be registered as a non profit. You can say whatever you like. Many countries' populations do not have the wealth and freedom to do what US citizens can do.
Re:U.S. Drops California Case Against Apple After Accessing ... by nitrogen on Monday March 28, 2016 @07:42PM (#11378409)
nothing is stopping you from launching your own website and campaign

Nothing except the fact that we don't have a multi-billion-dollar interest group paying us to do so ;). I agree with you that things can sometimes be done at the grassroots level, but there is simply no comparison to the tenacity and endurance of influence available to the big players. Any grassroots effort must find a way to surmount that obstacle, not ignore it.

Re:U.S. Drops California Case Against Apple After Accessing ... by studentrob on Monday March 28, 2016 @07:46PM (#11378433)
Sure. But collective votes trump money every time. And your voice is part of getting that collective going. It isn't easy. You need to be an active speaker to participate. You need to be good at presenting facts and convincing people. But with the right to free speech, this is something anyone can practice and learn, even computer scientists. As hidden as we liked to stay behind our monitors growing up, it is time we start coming out from under our shells.
Re:U.S. Drops California Case Against Apple After Accessing ... by GraemeLion on Monday March 28, 2016 @08:02PM (#11378516)
True, but to be fair, their power has GREATLY diminished from what it was back in the days of the Robber Barons. It seems like they have a lot of control because we get to see behind the curtain now more than ever, but it's way less horrible now than then.

Remember, at one point, there was an entire plot by businesses to basically take the entire country over, and it was highly supported by members of congress and others.

So yeah. It's gotten better, but it's still way too pervasive.

Re:U.S. Drops California Case Against Apple After Accessing ... by EdHominem on Monday March 28, 2016 @10:59PM (#11379190)
> We could revoke the 13th and 14th Amendments and have slavery again

No. You can't roll back a human right. If you did it wouldn't be a valid law and people would be justified in armed resistance to it.

> We could abolish the EPA, or the IRS, or the NSA. We don't because these have enough supporters who value what they do, today.

Well, in the case of the NSA it's more because we suspect they'd commit treason and bring down the country if we tried.

(ie, pull out an old tape of Obama and frame him with something, etc.)

> Well, welcome to life in a democracy. Nothing is ever settled with finality because there are plenty of ways for future generations to change the laws we cherish today--for good or ill.

Yes, things can always be screwed up. But it should be illegal for a government worker (ie FBI) to specifically try to undermine existing decisions by, for instance, lying in court, or paying for propaganda they know to be untrue. Both things we know they do.